Servantez v. Shelton

Malone, J.:

Leslie A. Servantez appeals the district court’s grant of summary judgment in favor of Craig J. Shelton based on the exclusive remedy provision of the Workers Compensation Act, K.S.A. 44-501 et seq., barring one employee from suing a fellow employee for a job injury. Servantez claims the district court erred because Shelton was off duty and in violation of certain employment policies at the time of Servantez’ injury.

The parties agree on the following facts:

“1. The accident at issue occurred on the evening of January 29, 2001, in the adjoining parking lot owned, operated and…